SURESH TEWARI Vs. COMMISSIONER VARANASI DIVISION

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Original Petitioner and two others borrowed a sum of Rs. 80,000/-on 14.08.1981 from Krishi Vikas Bank, Ballia, Respondent No. 5 for purchasing a tractor and a trolley. Some payments were made towards loan but thereafter borrowers became defaulters. Accordingly, recovery proceedings for balance amount were initiated. Tractor was attached and original Petitioner was also sent to civil prison for 14 days. Thereafter, original Petitioner's agricultural land having an area of 2.34 acres was auctioned on 18.09.1989 (earlier auction was to be held on 10.09.1989 however that being Sunday, the sale was postponed to 18.09.1989). The land was purchased by Respondent No. 6, Bishwa Nath Tewari for Rs. 42,000/-. During pendency of the recovery proceedings, Petitioner was directed to deposit Rs. 6050/-on 07.09.1989 and thereafter Rs. 45,000/-on 12.10.1989. Receipt is Annexure-VII to the writ petition. Annexure-VI is copy of Petitioner's application for depositing Rs. 45,000/-. S.D.O. permitted the deposit by his order dated 11.10.1989. Thereafter, deposits were made on 12.10.1989 however sale was confirmed on 23.10.1989 by the Collector as stated in Para-29 of the writ petition, which is quoted below:

(3.) However, in Para-24, it is mentioned that Respondent No. 3, i.e. S.D.O., Ballia confirmed the sale on 23.10.1989. Copy of the said order has been annexed as Annexure-VIII. Annexure-VIII is copy of order of confirmation of sale, which has been passed by S.D.O. on 23.10.1989. Accordingly, it appears that in Para-29 the words 'Respondent No. 2' have wrongly been mentioned and it should be 'Respondent No. 3'.